Please read below and answer the questions.

"The ball's in your court, Deb" says Nikki after getting off the phone with the attorneys. "The lawyers say that they deposed a bunch of the staff at Chez Suave and old Randy was going around bragging about how he was going to get us back for something" she continued. "I still don't know what, but they say that he told people he was going to own Fin's Up and that you were his ticket in. There were some other things he said he was going to do and already did, but trust me, you don't want to know" she added. "He set the whole thing up." Nikki shook her head as she said it. "They want to know if we want to file a counter claim against Randy and Chez Suave for a variety of things." She added. "A lot of it depends on whether or not you want to pursue it, Deb" states Nikki. "You were the victim in this thing, and me and Nate are behind you all the way whichever direction you want to go." Debra looked a little confused and startled, but she had already made up her mind. "I just want him out of our lives, Nik" says Debra. "Fair enough" answers Nikki. "We'll let it go."

So with Randy Oldood in the past, Fin's Up is getting back to business. They now have 18 employees between the warehouse and the coffee shop. With that, they are still under-staffed. In a meeting with Nate and Nikki, Debra expresses how she's hiring as quickly as she can, but cautions that it's important to have good employees and not just fill spaces. "I know somebody who needs a job" Nikki blurts out. "It's my cousin, Jeff. He's had a hard time of it, and he's a little strange, but my Aunt is really on me to give him a job." she explains. "And I don't want to go through another Thanksgiving having to avoid her." Nate nods his head. "Sounds like we've got one more" he adds. "I understand where you're coming from Nikki, but hiring close relatives is a really tough thing. What if they don't work out?" Debra asks. "I'm a fan of a pretty rigorous screening process" she adds. "She might have a point, Nik." says Nate. "It's on me" says Nikki.

Long-haired and bearded 19 year-old Jeff Stroud reports for his first day of work. He rolls in a few minutes late, which doesn't bode well for the future. When he arrives, he is directed back to Debra's office. "Where's Nikki?" asks Jeff. "She's at the main coffee shop next door" says Debra. "This is the business office." "Oh, well, let her know I'm here" Jeff states confidently. "You'll see her soon enough, but for now we have some paperwork to do" Debra responds. She can already tell that this kid is going to be a problem, but she finalizes the I-9 and W-4, gives him a copy of the Employee Manual that she implemented outlining the rights and obligations of employees and Fin's Up, and sends him over to Nikki to start working at a rate of $12.00 per hour.

It's on her alright. It turns out that getting Jeff to actually work is a full-time job in itself for Nikki. She's always having to correct him, and has given away more free coffee than she ever thought she would. But, she promised Debra and Nate that it would be her responsibility, so she hangs in there. Two months into the job, after a few days off, Jeff rolls in at 7:15 am for a 7:00 am shift when Nikki notices something strange on his arm. Over the weekend, Jeff apparently got a tattoo on his forearm that looks quite curious. "What the hell is that?" asks Nikki. "Chill out, Nik" responds Jeff, "It's a Buddhist symbol ... it's part of my religion." Nikki is less than amused. "You can't serve customers with that on your arm" she exclaims. "Why not?" asks Jeff. "What do you mean, why not? It's a damned swastika you idiot!" she shouts. "I can't deal with this ... go see Debra."

Debra realizes the problem pretty quickly. She points to the policy in the Employee Manual on harmful or offensive physical appearance. It includes specific references to excessive piercings and objectionable tattoos. "You have a choice, Jeff" she says. "You can wear long sleeve shirts or we can reassign you to a different position" proclaims Debra. "No way I'm gonna cover up my religion" he answers. And with that, he started in the warehouse at the same pay he was making in the coffee shop. After a day of actual work in the warehouse, Jeff quits.

Questions.

On his way out the door Jeff rants about suing Nikki and Nate for violation of Title VII of the Civil Rights Act of 1964, discriminating against him based on his religion. Nikki gets an earful from her Aunt and now she's worried. After speaking with Debra and Nate, she decides to get the opinion of the attorneys.

You work in the law office of Ramsey and Betts. The attorneys have asked you to prepare a memorandum outlining the steps for a Plaintiff to assert a cause of action based on religious discrimination under Title VII of the Civil Rights Act of 1964. Be sure to be as complete as possible regarding the process and the requirements. Also, be sure to discuss any defenses that Fin's Up (Nikki and Nate) may have against Jeff's claim. Also, be sure to chime in on the likely success of Jeff's claims. Would he have a shot at a recovery from the dynamic duo of dark roast?